Intake:

INFORMATION ABOUT HOW THE ACLU OF ALASKA ACCEPTS CASES

Thank you for contacting the ACLU of Alaska about your case. Please read this information carefully to find out the kinds of cases we accept, and how to have the ACLU of Alaska consider your case. If you believe your case may be the kind of case we accept, fill out our online intake form or you can download the form (PDF) and return it to us.  If we need more information, we will contact you. We will let you know as soon as possible whether we can accept your case, although there may be some delay because of limited resources.

WHAT DOES IT COST?

In ACLU of Alaska cases, the attorneys represent the clients free of charge. ACLU of Alaska cases are handled by volunteer attorneys who are in private practice and volunteer their time for ACLU of Alaska cases.

HOW DO WE CHOOSE CASES?

We generally files cases that affect the civil liberties of large numbers of people, rather than those involving a dispute between two parties. The basic questions we ask when reviewing a potential case are: (1) Does this case raise issues of constitutional law? (2) What effect will this case have on people in addition to our clients? (3) Do we have the resources to take this case?

WHAT ARE CIVIL LIBERTIES?

We only handle cases that involve constitutional rights violations by the government. The civil liberties we seek to protect include:

Freedom of Speech and Press. For example:

• A student is suspended for writing a newspaper article critical of the principal;
• A police officer is disciplined for speaking out against police brutality;
• A group is charged for police protection when it applies for a demonstration permit

Freedom of Religion. This involves both the right of individuals to religious beliefs and the separation of church and state.

Privacy. For example, reproductive rights.

Equal Protection/Discrimination. This could include, for example, a sheriff’s department which refuses to accept women deputies; or a refusal to allow homeless people to vote because they have no fixed address.

Due Process. For example, a community group is denied a permit by the police and the town provides no appeal of the decision.

WHAT CASES AFFECT OTHERS?

Lawsuits can affect a large number of people in two ways. First, we sometimes challenge a policy or practice which directly impacts upon many people. Second, a lawsuit brought on behalf of one person can have a large impact on others in the long run when it establishes or expands legal protections. For example, a lawsuit challenging drug testing of one employee, if successful, could set a precedent for thousands of workers in the future.

WHY WE PREFER CASES WITHOUT SERIOUS FACTUAL DISPUTES

We tend to take cases which do not involve complicated disputes of fact, but prefer to take cases where the issue is a question of law. An example of a factual dispute is an employment discrimination case where the employer claims he fired the employee because of poor job performance and has credible evidence to support that claim.

The reason we often decide not to accept cases involving factual disputes are: (1) our limited resources (it is often expensive to prove a case which involves substantial factual disputes); (2) a court might never reach the civil liberties issue if it resolves the facts against the client; and (3) the case is less likely to have a broad impact on others if the decision rests upon the specific facts of a case.

TYPES OF CASES THE AkCLU GENERALLY CANNOT ACCEPT

Types of cases the ACLU of Alaska does not generally accept include:

• A person was fired without a good reason or just cause;
• A person is being denied benefits such as worker’s compensation or unemployment benefits;
• Criminal cases, or complaints about a person’s attorney in a criminal case. Only in limited cases, for example when a person is being prosecuted for engaging in activity protected by the Constitution (such as participating in a political demonstration), do we consider accepting cases

WHY THE ACLU OF ALASKA TURNS DOWN CASES THAT FALL WITHIN OUR GUIDELINES

There are many cases and problems of unfairness and injustice which the ACLU of Alaska is simply unable to handle. We receive dozens of requests for help each month at this office alone. Therefore, we cannot accept many of the cases that fall within the guidelines discussed above. We must select those cases which we believe will have the greatest impact on protecting civil liberties.

CAN THE ACLU OF ALASKA ADVISE ME ABOUT MY CASE?

The ACLU of Alaska is unable to give you advise about your case or provide other types of assistance (for example, reviewing your papers or conducting legal research to assist you) if we do not accept your case.  This policy allows us to direct the necessary resources to those cases that we do accept.

IMPORTANT NOTE ABOUT DEADLINES

All legal claims have time deadlines. The deadlines may be different depending on who violated your rights and depending on what rights were violated. For some kinds of violations, you may need to file a claim with a government agency before you can sue, and these agencies usually have their own deadlines. The ACLU of Alaska cannot give you advise about the deadlines that apply to your case. To protect your rights, please consult with an attorney promptly to find out what deadlines apply in your case.

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